Dedication.
Dedication of land and/or an improvement to the County satisfies the requirements of this Section. Dedication shall take the form of a fee simple ownership. The County may accept an improvement if:
The improvement has been fully constructed;
Property dedicated is accessible to the general public;
There is no cost of acquisition other than costs incidental to the transfer of ownership (such as title insurance); and
The improvement conforms to the applicable standards of the SLDC.
Homeowners’ Association.
Improvements that are owned in common by all owners of lots or units in a subdivision or condominium are required to be operated and maintained by a homeowners’ association (“HOA”) established in the covenants, conditions, and restrictions (“CC&Rs”) adopted as a condition of development approval. The CC&Rs shall provide that, in the event that the association fails to maintain the improvements according to the standards of the SLDC, the County may, following reasonable notice and demand that deficiency of operation or maintenance be corrected, enter the land area to repair, operate, or maintain the improvement. The CC&Rs shall provide that the cost of such repair, operation or maintenance shall be the responsibility of the HOA, which shall be required by the CC&Rs to levy an assessment to be charged to all owners. See
§ 7.2332 for more detailed information about the HOA.
Condominiums.
The undivided improvement and associated facilities of a condominium may be controlled through the use of a permanent condominium agreement, approved by the County. All undivided improvement land within a condominium shall be held as a common element.
Easements.
The County may, but is not required to, accept easements for public use of any portion or portions of undivided improvement land, the title of which is to remain in ownership by a condominium or HOA, provided that:
1. Such easement is accessible to the County residents;
2. There is no cost of acquisition other than any costs incidental to the transfer of ownership (such as title insurance); and
3. A satisfactory maintenance agreement is reached between, as applicable, the developer, the condominium, the HOA, the owners, and the County.
An easement consisting of land dedicated as a natural area, greenway, or greenbelt shall be subject to a duly executed conservation easement meeting the requirements of, and enforceable in accordance with state statute, which easement shall be unlimited in duration.
Easements for Parks and Open Space.
For parks and open space only, an owner may transfer perpetual easements to a private, nonprofit organization among whose purposes it is to conserve improvements or natural resources such as a land conservancy instead of transferring an easement to the County, provided that:
The organization is a bona fide conservation organization with perpetual existence;
The organization is financially capable of maintaining such improvement;
The conveyance contains legally enforceable provisions for proper reverter or re-transfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;
The organization shall provide a proposed operations budget and plan for long-term capital repair and replacement; and
A maintenance agreement is entered into initially by the developer and subsequently by the owners, HOA, condominium and the organization.
Improvement or Special Assessment Districts.
An improvement or special assessment district may be established pursuant to
CHAPTER 12: GROWTH MANAGEMENT with authority, as appropriate, to levy taxes, fees, charges, land dedications, or special assessments to provide, operate, and maintain parks and open space lands and facilities.
See
§ 7.23: OPERATION AND MAINTENANCE OF COMMON IMPROVEMENTS for complete information.
